Farmers' Bank v. Barbee
Supreme Court of Missouri
Appeal from Ray Circuit Court. — Ron. J. W. Alexander, Judge. (1) Statements of ~W. O. Barbee, made in tbe absence of W. L. and Martba J. Barbee, that they had delivered to him a deed to the premises in controversy, were hearsay, and inadmissible in favor of plaintiff, who is privity in' estate with "W. O. Barbee.
Read the full summary
Appeal from Ray Circuit Court. — Ron. J. W. Alexander, Judge. (1) Statements of ~W. O. Barbee, made in tbe absence of W. L. and Martba J. Barbee, that they had delivered to him a deed to the premises in controversy, were hearsay, and inadmissible in favor of plaintiff, who is privity in' estate with "W. O. Barbee. Turner v. Belden, 9 Mo. 797; Watson v. Bissell, 27 Mo. 220; Darrett v. Donnelly, 38 Mo. 492; Morey v. Staley, 54 Mo. 421; Railroad v. Clark, 68 Mo. 374; Railroad v. View, 156 Mo. 618; Diel v. Stegner, 56 Mo. App. 539; State ex rel. v. Croschke, 16 Mo. App. 557; Dodge v. Freedman’s…
1Opinion of the CourtBurgess, P. J.
This is an action of ejectment for the possession of an eighty-acre tract of land in Ray county. The petition is in the usual form, and the answer is a general denial.
The trial was by the court, a jury being waived. No declarations of law were asked or given. The court rendered judgment in favor of plaintiff, and against all of the defendants, for the possession of the land sued for, and for one cent damages.
Within four days after judgment defendants filed motion for a new trial, assigning as grounds therefor the following:
“1. The judgment of the court is against the weight of the evidence.
“2.…
2Cases cited9 opinions
- Loewen v. ForseeSupreme Court of Missouri · 1897
- Hamilton v. ArmstrongSupreme Court of Missouri · 1894
- Darrett v. DonnellySupreme Court of Missouri · 1866
- Hannibal & St. Joseph Railroad v. ClarkSupreme Court of Missouri · 1878
- Mississippi County v. VowelsSupreme Court of Missouri · 1890
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Hoelmer v. HeiskellSupreme Court of Missouri · 1949
- Gaugh v. GaughSupreme Court of Missouri · 1928
- Barbee v. Farmers BankSupreme Court of Missouri · 1912
- Marty v. Kansas City Light & Power Co.Supreme Court of Missouri · 1924
- Moore v. ShoupMissouri Court of Appeals · 1907